Decision to fine Nicole Johnston more than $6000 declared void

Independent Brisbane Councillor Nicole Johnston has had a win in court, with a decision from the council’s conduct review panel to fine her more than $6000 overturned.

INDEPENDENT Brisbane Councillor Nicole Johnston has successfully overturned a decision by Brisbane City Council’s conduct review panel to fine her more than $6000.

In a decision handed down in the Supreme Court yesterday, Justice Elizabeth Wilson ordered the decision of the review panel be “declared void and set aside”.

The panel’s decision stemmed from a Council meeting in June 2017, when Cr Johnston — who represents the Tennyson Ward — was suspended from the council chamber.

At the time, Cr Johnston refused to leave the chamber and was later found by the review panel to have engaged in “misconduct” and was ordered to pay the council $6307.50.

Independent Councillor Nicole Johnston was successful in her bid to overturn a decision made by Brisbane City Council’s Councillor Conduct Review Panel to fine her more than $6,000. Picture: Richard Walker

Justice Wilson yesterday overturned the decision, writing that the Chairperson who directed Cr Johnston to leave the meeting did not make a “lawful or valid direction”.

“Once the Chairperson exceeded her jurisdiction, the direction was, in law, not a direction at all,” Justice Wilson wrote in her judgment.

“Accordingly, the (Councillor Conduct Review Panel) had no jurisdiction to make its finding.

“I accept the applicant’s submission that the CCRP has entertained a matter of a kind which lies outside the theoretical limits of its functions and powers …”

In a statement yesterday, Cr Johnston claimed she had been “deliberately excluded by the majority LNP Councillors from participating in Brisbane City Council meetings as an elected representative” for many years.

“Unless there is a fair and valid expulsion process in accordance with the rules, councillors should not be penalised simply for carrying out their responsibilities as an elected representative on behalf of their constituents,” she said.

A Brisbane City Council spokesman yesterday said the council was reviewing the court findings.

“This relates to a decision by the independent Councillor Conduct Review Panel,” he said.

“Under current legislation before Queensland Parliament the role of the CCRP will be taken over by the independent assessor.”

The question of costs has been adjourned to a later date.